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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
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The Attorneys at Dixon & Moseley, P.C.

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  5. Three Ways To Help Your CHINS Case

Three Ways To Help Your CHINS Case

On Behalf of Dixon & Moseley, P.C. | Oct 9, 2019 | Child Custody, Family Law

To find that a child is a CHINS at a fact-finding hearing (trial), DCS must prove three elements: (1) the parent’s actions or inactions have seriously endangered the child; (2) that the child’s needs are unmet; and (3) that those needs are unlikely to be met without State coercion. It is the third of these elements that the Supreme Court has found to be the most important. The purpose of a CHINS proceeding is to protect the child, not punish the parent. Therefore, at the time of the hearing, courts tend to focus on what steps parents have taken to better a situation, along with compliance with CHINS’ services. This blog looks at three actions you may want to consider, with your counsel, that may help your CHINS case in the eyes of the court.

Psychological Evaluation. Mental health is a big problem in today’s society. It affects many people, not just those experiencing the issues. Therefore, courts often want to know about the mental health of all parties involved in CHINS proceedings, from the parents to the child. DCS may want to obtain a psychological evaluation at some point. Taking steps to proactively get one done on your own can not only speed up the process, but also demonstrate to the court your willingness to take steps to get your child out of the CHINS process faster. Furthermore, a private psychological evaluation that you arrange on your own, can be done in a more comfortable setting, relieving some of the pressure of the situation and allowing a more informative evaluation.

Therapy. Just about everyone could use a little therapy in their life, regardless of if they are involved in a CHINS proceeding. CHINS proceeds are very stressful situations for everyone involved. Courts, therefore, typically order parties to attend therapy to discuss the situation and evaluate any needs you may have. If a CHINS case is opened up against you, take the steps to proactively put yourself in therapy to address issues that may have led to the CHINS filing. This, again, will help demonstrate that you are taking all necessary steps to better your situation, thereby negating the need for “coercive state intervention.”

Drug Test. Drugs are a common problem in today’s society. Whether or not you were accused of using drugs as part of the CHINS allegation, voluntarily taking a drug test helps show your willingness to do whatever it takes to get your child back and out of the system. Plus, many courts at some point during a CHINS proceeding will order the parties to take a drug test anyways. Therefore, this is something you can do to help speed up the process and proactively show the court you have no issues when it comes to drugs.

Finding yourself in the middle of a CHINS proceeding can be intimidating and frustrating. Thus, advocating your legal rights and fighting for your children in such a situation begins with retaining skilled trial counsel familiar with the complex statutes governing CHINS proceedings and DCS’ policies and procedures, and if necessary, later, appellate counsel. Depending on the needs of your case, your counsel may advise you to act on some of the foregoing tips for aiding your CHINS case. This blog post was written by attorneys at Dixon & Moseley, P.C. who handle all aspects of CHINS proceedings throughout the state. This blog is written for educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

What Happens to the House in an Indiana Divorce?

On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

How Indiana Courts Divide Retirement Accounts in Divorce

On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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Recent Posts

  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
  • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
  • Failure to Object: When Is an Issue Waived?

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